USA > Pennsylvania > Colonial records of Pennsylvania, Vol. III > Part 12
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The Governour therefore proposed this matter to the Considera- tion of the Assembly, at their meeting in May last, who thought fit to recommend it to the Governour to hold such a Court of Equity himself, with the assistance of the Council; Whereupon, He was further pleased to desire the Advice of this Board, Who having at a former Meeting taken the whole into their serious Consideration, and deliberately debated the Nature of the thing and the Security of the method, It is at length Resolved,
That it is the Opinion of this Board, that by virtue of the Powers granted by the Royal Charter to the late Proprietor, his Heirs and Assigns, and to his and their Lieutents. or Deputies, being regularly appointed, the present Governour William Keith, Esqr., safely may
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comply with the Desire of the Representatives of the ffreemen of this Province, signified to him by an unanimous Resolution of their House, dated at Philadelphia the 4th day of May last, And that the holding of such a Court of Chancery in the manner aforesaid, may be of great Service to the Inhabitants of this Colony, and appears agree- able to the practice which has been approved of in the neighbouring Governments.
But the Governour speaking to his own want of Experience in Judicial Affairs, and representing to the Board the great Addition of Attendance and Fatigue in the public Business which would be there- by laid upon him, He was pleased to add nevertheless, that consider- ing the many marks the House of Representatives and this Board had shewn of their Confidence in him in this es well as divers other respects, He should not decline to serve the Publick in that Station, but insisted on this, that as no Court of Chancery could by the method proposed be held without him, So that He, on the other hand, should not fail of having a due assistance from the Council on their parts; And it was thereupon, at the Governours desire, established and declared.
That as often as the Governour is to sit in Chancery and hold a Court, All the members of Council in or near Philadelphia, shall be summoned to attend the Governour as his assistants upon that Bench, and that there shall not any Decree be pronounced or made in Chan- cery but by the Governour as Chancellor, with the assent and con- currence of any two or more of the Six eldest of the Council for the time being, And that those Six eldest Counsellors or assistants, or any of them, may be employed by the Governour as Masters in Chancery, as often as Occasion shall require.
And that the Inhabitants may have due notice of the said Court, it is ordered that A Proclamation be issued certifying all his Majestys Liege People of this Province, that for the more equal Distribution of Justice and the Conveniency of the Subject, a Court of Equity or Chancery will be opened by the Governour, at the Court House in Philadelphia, upon the 25th day of this instant, August, in order to hear and judge of all such matters within this province, as are regu- larly cognizable before any Court of Chancery, according to the Laws and Constitution of that part of Great Britain called England, and that the said Court will be always open for the Relief of the Sub- ject; Whereof his Majestys Judges of the Supreme Court, and the Justices of the inferior Courts, and all others whom it may concern are to take Notice, and to govern themselves accordingly.
There was read a Petition for a Road from Philadelphia to Wicko- coe, in these words.
To the Honourable the Governour & Council of the province of Pensilvania.
The Petition of William Carter, Clement Plumsted, & Andrew Hamilton, pt. owners of several parcels of March and Swamp, lying between the Land of Wickocoe and the point opposite to Glocester, in West Jersey, in behalf of themselves & others, humbly shews.
That part of the said Marsh or Swamp being granted to sundry
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persons who are about to improve the same, and no public Road being yet laid out leading from Philadelphia to the said Marsh or Swamp, the Petitioners pray an Order of the Governour and Council for laying out a public Road from Philadelphia to the point afore- said opposite to Glocester, where a fferry is proposed to be erccted, which will very much conduce to the Ease and Advantage of his Majestys Subjects travelling that way, and to the owners of the said Swamp and low Grounds.
Sign'd by Wm. Carter, A. Hamilton, Clemt. Plumsted, Edward Roberts, John Cadwallader, Evan Owen, Geo. fitzwater.
Which being considered by the Board, the prayer of the said Peti- tion is granted, and Samuel Preston, Wm. Carter, George Fitzwater, Benjamin Bankson, Jacob Taylor and James Steel, are appointed to lay out the said Road, and are ordered to make a Return thereof to this Board at next meeting of Council.
The Secretary laid before the Board an Accott. of the Charges of a Treaty held with the Indians at Conestogoe, the 27th day of June last, being Eight pounds four Shillngs and Eight pence; as also an Accott. of Goods and provisions supplied the Indians at Philadelphia, by Order of this Board the 20th of July last, amounting to Eight pounds thirteen Shillings and five pence, the whole Charge being Sixteen pounds eighteen Shillings and one penny, form which de- ducting the presents received from the Indians to the value of ten pounds five Shillings, there remains due to the Secretary the Summ of Six pounds thirteen Shillings and one penny, which Accotts. being examined were allowed by the Board, and the Treasurer is ordered to pay the said Ballance to the Secretary forthwith.
At a Council held at Philadia., August the 9th, 1720.
PRESENT :
The Honourable WILLIAM KEITH, Esqr., Governour.
Richard Hill,
Samuel Preston,
William Trent,
Jonathan Dickinson,
Isaac Norris,
James Logan, Secretary.
The Secretary laid before the Board a Draught of the Proclama- tion ordered to be issued at last Council, which without any Altera- tions was approved, and ordered to be engrossed, sealed and published forthwith.
Samuel Preston presented the Return of the Road from Philadel- phia to the point opposite to Glocester, in West Jersey, laid out by Order of this Board, the consideration whereof, upon the petition of Benjamin Vining of Philadelphia, mercht., praying to be heard before the said Road is confirmed, was referred to the next meeting of the Council, of which the Clerk is ordered to give the sd. Vining Notice.
At a Council At Philadelphia, October the 4th, 1720. PRESENT :
The Honourable WILLIAM KEITH, Esqr., Governour. Richard Hill, Anthony Palmer, Jonathan Dickinson, William Trent, Samuel Preston,
James Logan, Secretary.
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The Governour having received from the several Sheriffs & Coro- ners of the Respective Counties of this Province, Returns of the Election of Persons to be presented to the Governour for his choice of Sheriff & Coroner respectively, for each County. He desired the Advice of the members present in his Nomination, which is as follows :
For Philadelphia City & County : Owen Roberts & David Evans being Returned for Sheriffs, the first is appointed; For Coroners, Richard Walker & Merrick Davis being returned, Richard Walker is appointed.
For Chester County : Nicholas Fairlamb & John Crosby being returned for Sheriffs, Jno. Crosby is named; For Coroners, Jonas Sandeland & John Wade being Returned, the first is nominated.
For Bucks : John Hall & William Biles being returned for She- riffs, John Hall is nominated ; For Coroners, Jeffrey Pollard & Tho- mas Thweights being returned, the first is appointed.
Accordingly Comissions are ordered to the said persons for their respective Offices, the Sheriffs giving Security in the Rolls office as the Law directs.
A motion being made for confirming the Road from Philadelphia to the point opposite to Gloucester, in West Jersey, lately laid out by Order of this Board, Benjamin Vining & Peter Evans attending were called in, And upon the humble Request of the said Benjamin Vining for himself, and Peter Evans in behalf of John Moore, Esquire, Owners of certain parcels of Land through which the said Road (ac- cording to the Survey & Return thereof made to this Board,) will run, the confirmation thereof is deferred untill the first meeting of the Council after the 10th Instant, whereof the Clerk is ordered to give the said Gentlemen Notice accordingly.
At a Council held at Philadelphia, November the 5th, 1720.
PRESENT :
The Honourable WILLIAM KEITH, Esqr., Governour.
Richard Hill, Jonathan Dickinson,
Isaac Norris, James Logan, Secretary.
Samuel Preston,
The Governour acquainted the Board, That upon Advice from his Excellency the Governour of New York, That Robert Moore, late of Philadelphia, had made his Escape out of New York Gaol, where he stood committed for stabbing John Gei, late of Philadelphia, Mercht., Hues & Cryes had been issued here after the said Robt. Moore, throughout the whole Government.
But now that the said John Gei was actually dead of his Wound, and it being suspected and talked as if the said Robt. Moore lurked some where within this Goveanment, with Intention to depart beyond Sea without the reach of the Laws; the Governour was of opinion, That it was proper to issue a Proclamation for preventing, if possi- ble, the said Robert Moores Escape from any part of this Govern- ment, And having caused one to be prepared accordingly, the same
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was read and agreed unto by the Board and ordered to be engrossed, sealed, published and printed forthwith.
EODEM DIE POST MERIDIEM.
PRESENT :
The Honourable WILLIAM KEITH, Esqr., Governour.
Richard Hill,
Anthony Palmer,
Isaac Norris,
James Logan, Secretary.
Present also, Andrew Hamilton, Attorney Genl. at the Govrs. Desire.
The Attorney General informed the Governour that two Criminals, which at the last Court of Oyer and Terminer, held at Philadelphia, were convicted, viz : a Man (by name Edw. Hunt,) for high Treason, having Counterfeited the Current Coin, and a Woman, (Anne Huson,) for Burglary, lay now in Philadelphia Gaol under Sentence of Death, but that no Execucon had been yet awarded that he knew of.
One of the Judges present observed, that the Governour being abroad when Sentence was pronounced, the Judges had delayed awarding the Execution to give the Criminals a reasonable time for making their Application to the Governour, lest they had anything to offer which could entitle them to any share of his Mercy, but the Governour declared that no such thing had yet been offered to him, and that it was his steady Resolution not to interpose his Authority or suspend the Execution of any legal Sentence, except when either a Certificat from the Judges, or other weighty Recommendation from this Board, should offer such Reasons to him as might convince his conscience that such an Interposition was prudent, Just or necessary.
The members differing in their Sentiments about the Circumstan- ces of the condemned Criminals, and the Board being very thin, the Governour proposed an Adjournment to the 9th instant, and in the mean time that the Warrants for executing the Sentences which the Law had pronounced should be issued, since that could not inter- cept or hinder the Governour from shewing mercy, if any good Rea- sons could be offered at the next meeting of Council for his so doing ; And the Council was adjourned to the ninth instant, at nine in the morning accordingly.
At a Council held At Philadelphia, November the 9th, 1720. PRESENT :
The Honourable WILLIAM KEITH, Esqr., Governour. Richard Hill, Jonathan Dickinson,
Samuel Preston, James Logan, Secretary.
Present also, Andrew Hamilton, Attorney Genl. at the Govrs. Desire.
The Governour acquainted the Board, that the Day before He had issued his Warrants for Executing the Sentence of Death against the Criminals mentioned at the last Council, And that the 19th instant being the Day appointed for the said Execution, there
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was sufficient opportunity given for an application from the Judges, if there was any thing of that kind to be offered.
It was again urged by some of the members, that Edward Hunts Crime (viz. High Treason for counterfeiting the current Coin,) being the first offence of that Nature, whereof any Person has been yet convicted in this Colony, it therefore seemed to claim some Compas- sion, but all agreed that there was nothing to be said in behalf of the Criminals former Character, personal merit or Behaviour. One of the Judges present seemed for the above Reason to incline that Hunt should be repreived, until the Kings Pleasure could be known, but declared at the same time, that his Compassion for the Criminals cir- cumstances did not proceed from any Ground of Dissatisfaction with any part of the Evidence upon the Tryal, which appeared to him sufficient to infer Conviction and the legal Sentence that had been pronounced. Those who spoke on the other side urged the nature of the Crime, and the Necessity that there was in all civil Govern- ments to make some public Examples, the want of any merit in the Criminal, and the very little or no Service at all that a Reprieve to so miserable a Life could be to him.
The members present being equally divided in their Opinions, it was left to the Governour to do therein as he thought fit.
A Petition from Anne Huson, the other Criminal mentioned at last Council, under Sentence of Death for Burglary, was presented and read. It was generally observed, that the Criminals Behaviour showed her to be a very weak ignorant Woman; That it was the first offence to which She had plead guilty, when many were of opi- nion that the Evidence for Burglary would scarce have amounted to Conviction. It was also observed, that her Crime was a growing Evil in the City of Philadelphia, which had but very lately been made Felony of Death, wherefore to make a proper Example of the Force of that Law would be of Use & Importance; However, this was also referred to the Governours Thoughts & Pleasures.
Upon the Prayer of Andrew Hamilton, Esqr., to the effect under written, It is Resolved,
That the Road from Philadelphia to the Point over against Glou- cester, in West Jersey, lately laid out by Order of this Board, be, and it is hereby confirmed according to the Return thereof, made by the Persons appointed to survey and lay out the same, which said Return is in the following words.
Pursuant to the Order of Council hereunto affixed, We the persons therein named and appointed do certify, That on the 9th Day of the Sixth month August, Anno 1720, We have laid out a Public Road leading from the South End of the Second Street in the City of Philadelphia, to the Point in the Marsh or Swamp opposite to Glou- cester, in West Jersey, the Course whereof is the same with the said Second Street, continued in Moyamensing Road to Wickacoe Lane End : Then leaving the said Road and. running south two Degrees Easterly two hundred perches to a point of fast Land below the House late of Peter Swanson : Then continuing the same course into the meadow perches ; Then south 16 Degrees East through the
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Swamp and Cripple One hundred & Eighty perches to Little Hol- landers Creek; Then crossing the said Creek and continuing the same Course through the Meadow Ground One hundred perches to Hay Creek ; Then over the same and still continuing the same course viz : South 16 Degrees East two hundred perches to a Swamp Oak, mark't standing on the said point opposite to Gloucester ; Then South East about ten perches to Low water mark, in the River De- laware.
SAML. PRESTON, WM. CARTER,
GEO. FITZWATER, BENJAMIN B. B. BANKSON, JACOB TAYLOR, JAMES STEEL.
At a Council held at Philadelphia, March the 22d, 1720. PRESENT :
The Honble WILLIAM KEITH, Governour.
Richard Hill,
Anthony Palmer,
William Trent,
Jonathan Dickinson,
Isaac Norris,
James Logan, Secretary.
Samuel Preston,
Upon Consideration of a Petition this Day read at the Board, from sundry persons who call themselves the upper Inhabitants of the West side of the Schuylkill, in these words.
To the Honble William Keith, Esqr., Governour of the Province of Pensilvania and to His Honorable Council, The Petition of the upper Inhabitants on the West side of Schuylkill, humbly sheweth,
That Whereas the Commissioners for the County of Chester, have attempted of late to make us pay taxes in the County of Chester, notwithstanding we have ever since our first Settlemt. paid our Taxes in the County of Philadelphia.
And your humble Petitioners having no Trade with Chester, and seeing it is impossible for us to have any tollerably convenient Road to Chester, by reason of Rocks and Mountains.
And considering that the County of Philadelphia, if bounded by Schuylkill, will not be above seven or Eight miles broad at this place by an indifferent Computation, and the County of Chester, if bounded by Schuylkill aforesaid, will be near fifty miles broad by the like computation.
And considering that we must carry the Product of our Labour to Market at or near Philadelphia, which is forty or fifty miles, to pur- chase money to pay our Taxes, and defray the several Charges we shall be incident to by public services if we be taken into Chester County, which will be a very great burthen upon us.
The aforesaid Considerations your humble Petitioners hope are suffcient reason for us to pray you Honrs. that the Counties may be divided, And that if possible we may be (as heretofore) Inhabitants in the County of Philadelphia, tho' on the west side of Schuylkill ; And your Petrs. as in Duty bound will ever pray, &c.
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Signed by Israel Robeson, Francis Hughs, Henry Bell, John Sin- clair, John Rumford, and about forty psons more.
It is ordered that the Surveyor General search his Office, and make Report to this Board of what appears from thence concerning the Division of the two Counties of Philadelphia & Chester from each other. Also, that He and James Steel report in like manner as far as they are capable, who or how many of the subscribers to the said Petition are seated on the west side of Schuylkill, and upon what Tracts of Land and how long they have been possessed of the same, upon which Report this Board may proceed further upon the Petition presented to them.
The Governour acquainted the Board, that there being frequent late Advices of the Plague & pestilential Distempers raging in seve- ral Countreys of Europe, And there being great Numbers of People daily imported into this Colony from Great Britain, Ireland, Ger- many and other parts, He thinks it a subject very worthy the se- rious Deliberations of this Board, to consider of some further means than the Law entituled " An Act to prevent Sickly Vessels coming into this Government," has provided for preventing Sickly vessels arriving in this Province from discharging their goods or passengers. And that in order thereto He had caused the Draught of a Com- mission to be prepared, whereby Patrick Baird of Philadelphia, Chi- rurgeon, is authorized and required to go on Board all vessels arri- ving from Sea, in any port of this Province, and to examine the State of the Health of the Mariners & Passengers aboard, and upon reasonable Cause of Suspicion of any pestilential or Contagious Dis- temper being aboard, to warn and require the master or Commander of such Sickly Ship or Vessel not to presume to land, or suffer to be landed any Goods or passengers from aboard the said Vessel be- fore such master or Commander has obtained the Governours Licence for so doing; And the said Commission being read and considered, was with some amendmt. approved. It being hereupon further ob- served by the Board, That without the appointment of such an officer, the aforementioned Law for preventing Sickly vessels coming into this Government was lame and defective, and could not answer its first Design and Intention.
The Governour further acquainted the Board, that having taken a Resolution last summer (as they were sensible) to visit the Gover- nour of Virginia, in order to establish if possible a Peace and good understanding between the Indians of that Colony, and the parts ad- jacent to the Southward and the Indians of this Province, between whom divers Hostilities had been committed to the endangering the publick Peace of the Province; but being prevented by Sickness from undertaking that Journey as he had proposed, and thereby obliged to defer it to this Spring; He had now fully prepared for it, and intended (God willing) to begin his Journey to-morrow ; That in the mean time the Care of the Government would lie upon this Board, That the Number of its Members being so much reduced that it was not casie to get a Quorum together, it would therefore be con- venient as had been formerly proposed to make an Addition of some
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few members ; He therefore recommended it to those present, (who are all the Members residing in the province who give their Atten- dance) to consider of two or three proper persons to be admitted be- fore his Departure. The Board very much approved of the Gover- nours intended Journey and heartily wished him success in it, And was then adjourned till tomorrow at nine in the morning.
At a Council held At Philadelphia., March the 23d, 1720.
PRESENT :
The Honourable WILLIAM KEITH, Esqr., Governour.
Richard Hill, Anthony Palmer,
William Trent,
Jonathan Dickinson,
Isaac Norris,
James Logan, Secretary.
Samuel Preston,
The Members present yesterday having considered what the Go- vernour had recommended to them in Order to an Augmentation of this Board, and having named to him in the Evening some persons for the Governours Choice, He now acquainted the Board that He had directed Thomas Masters and Andrew Hamilton, two of the four who had been named to attend, Who being called in and informed of the Desire of the Governour and all the Members had that they should join this Board, Andrew Hamilton, Attorney General of the Province accepted on this Condition, That He should not as a Mem- ber of Council forego any part of his Practice in the Law, on which He had his sole Dependence; And then Thomas Masters took and subscribed the several affirmations and Declarations injoined by the Acts of Parliament of England, to be taken by those called Quakers, as also an affirmation for the Discharge of his Duty in this Station, and Andrew Hamilton took the several oaths injoined by the said Acts, as also an Oath for the Discharge of his Duty as member of Council, after which they took their places at the Board.
The Treasurer laid before the Board an accott. amounting to Eighteen pounds five Shillings and ten pence, expended upon the Indians in the years 1715 & 1716, which is referred to the Secretary, to be compared with his accotts. for those years allowed by the Coun- cil. And if upon Examination the Secretary finds the sd. accotts. now produced by the Treasurer to be just and not formerlly allowed by the Council; It is ordered that the same be and is hereby allowed.
The Governour then informed the Board that he had nothing fur- ther to lay before them, than that they would take care to keep all things as quiet as possible till his return; That he doubted not they would avoid giving themselves or other people any trouble that could be avoided; That he proposed to be back either at Philadel- phia or New Castle the first week in May or thereabouts, And in the meantime wished them heartily well.
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At a Council held at Philadelphia, March the 28th, 1721. In the Governours Absence.
PRESENT :
Richard Hill, Samuel Preston,
Thomas Masters, James Logan, Secretary.
Jonathan Dickinson,
The Secretary laid before the board the letter he had received from the Governour, Colonel Keith, dated at Chester in his Journey to Virginia, occasioned by his meeting Samuel Robins, who had been dispatched by the Governour about the middle of last month to Colonel Spotswood, Governour of Virginia, in order to obtain an Answer to the Message sent him by this Government, from the In- dians of Conestogoe, and others of this Province ; Which Letter being read, the Secretary by the direction of the Board, drew up a Message to be forthwith dispatched to the Conestogoe Indians and others upon Susquehanna in this Province, as follows : That the Messenger sent by our Governour to the Governour of Virginia in order to obtain an answer to the Message, and Tokens sent from and in behalf of the Indians by this Government was now returned, and had brought from the Indians of Virginia residing in that Govern- ment two Belts of Wampum, which are herewith sent them as a Promise and Assurance from the Indians of Virginia, that the said Indians will not for the future pass over Potowmeck River to the Eastward or Northward, or the high Ridge of Mountains extending along the back of Virginia. Provided, that our Indians and these to the Northward shall not pass over Potowmeck into Virginia to the Southward, nor shall go over to the Eastward of the said Ridge of Mountains.
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